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CC 01-17-2012 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 17, 2012 ROLL CALL At 6:00 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Subject: Conference with real property negotiator (Government Code 54956.8); Property: Abandoned well lot on Greenleaf Drive, Cupertino, CA, 95014; APN 326-41-114; Negotiating Parties: Director of Public Works; Under Negotiation: Price and terms of sale Recommended Action: Provide direction to negotiator At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Mark Santoro announced that the City Council had met in closed session with the real property negotiator obtained a briefing and gave direction to staff. No action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro called the regular meeting back to order and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS Mayor Santoro presented a proclamation to the Hindu Swayamsevak Sangh (HSS) recognizing its efforts to promote the ancient heritage and cultural values of Yoga in Cupertino. January 17, 2012 Cupertino City Council Page 2 2. Subject: Proclamation recognizing Angela Zhang, the Monta Vista high school student who won a$100,000 scholarship Recommended Action: Present proclamation Staff members from Monta Vista High School and Siemens Corporation congratulated Ms. Zhang for her accomplishment. A video from the CBS news was also shown about Ms. Zhang's project. Mayor Santoro presented the proclamation. 3. Subject: Proclamation recognizing the Homestead High School Band for their hard work and dedication to the community Recommended Action: Present proclamation Band Director John Burn congratulated the band for all their hard work in preparation for the 2011 Macy's Thanksgiving Day Parade. Mayor Santoro presented the proclamation. POSTPONEMENTS -None ORAL COMMUNICATIONS Cathy Helgerson expressed concern regarding pollution she says is coming from the Apple Building and the possible pollution that could come from the future new campus facility. Ms. Helgerson requested that Council take action to determine what Apple is doing in their current building as well as what is planned for the new campus. Leslie Fowler stated her concerns regarding the Santa Clara County Board of Supervisors' decision to fluoridate the water system. Ms. Fowler also read a quote by J. William Hervey opposing water fluoridate that he made before a sub-committee in Congress. Gary Latshaw noted that emissions have gone up worldwide since the Climate Action Agreement was in signed in 2008. Mr. Latshaw noted that solar panels could be helpful, and suggested that Council review local commute and bus routes to reduce auto emissions, and address the Lehigh Cement Plant situation and the air and water pollution they create. He also left written communications. Michael Gottwald announced that a kick-off meeting will be held on Jan. 26 for the Relay for Life Cancer Society Walk. The meeting will take place at the Quinlan Community Center from 6:45 pm to 8:00 pm. He also noted that Cupertino High School will be holding a 5K walk sponsoring cancer research on July 21 and 22. January 17, 2012 Cupertino City Council Page 3 CONSENT CALENDAR Wong/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 12 and 15 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 4. Subject: November 15 City Council minutes Recommended Action: Approve minutes 5. Subject: December 6 City Council minutes Recommended Action: Approve minutes 6. Subject: Alcoholic Beverage License, Marukai Market, 19750 Stevens Creek Boulevard (Marketplace Shopping Center) Recommended Action: Approve application for Off-Sale General (21) 7. Subject: Alcoholic Beverage License, Tatami Sushi & Seafood Buffet, 10123 N Wolfe Rd, Ste 2001 (in Vallco) Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place 8. Subject: City year-end financial reports for 2010-11 Recommended Action: Accept the reports 9. Subject: Municipal Improvements, Verona Apartments, 20488 Stevens Creek Boulevard Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, and driveway approach improvements in the City right-of-way 10. Subject: City Project, Energy Savings Performance Contract with Siemens Building Technologies, Inc Recommended Action: Accept City project Description: The completed project included the induction retrofit of 2,913 street lights and 92 irrigation controllers 11. Subject: Amend July 1, 2010 through June 30, 2012 terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees Recommended Action: Adopt Resolution No. 12-002 Description: Delete the classification of City Architect and add the classification of Capital Improvement Program (CIP) Manager January 17, 2012 Cupertino City Council Page 4 12. Subject: Stevens Creek Corridor Park and Restoration Phase 2 — Amend design services agreement Recommended Action: Adopt Resolution No. 12-003, authorizing the City Manager to negotiate and execute an amendment to the agreement with SSA Landscape Architects for design services for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Donna Austin said she supported the project, but expressed concern regarding the placement of the trail. She noted that she supports keeping the trail along the creek rather than with the trees. She also suggested that the City consider starting an irrigation plan for the trees. Director of Public Works Timm Borden responded that as much of the orchard as possible will be preserved and that irrigation to the trees should begin this spring. Mahoney moved and Wong seconded to adopt the resolution. The motion carried unanimously. 13. Subject: Tract Map, Habitat for Humanity, Silicon Valley, a California Non-Profit Organization, 20630 Cleo Avenue Recommended Action: Adopt Resolution No. 12-004 Description: A resolution approving a Tract Map that subdivides an approximately 13,213 square foot parcel into six parcels consisting of 4 residential lots and two common lots, ranging in size from 1,432 to 5,234 square feet in area 14. Subject: Resignation of Library Commissioner Ron Miller Recommended Action: Accept resignation and direct staff to set the following deadlines: Application deadline: Friday, January 27, 4:30 p.m., in the City Clerk's Office; Interviews: Tuesday, February 7, 5:30 p.m., Conference Room A 15. Subject: Seventh Amendment to the Agreement between Santa Clara County and the City of Cupertino for Abatement of Weeds Recommended Action: Adopt Resolution No. 12-005 Cathy Helgerson expressed her concern that properties including Lehigh are not maintained on a regular basis and she must contact the County and fire department every year. She urged City Council to enforce the same regulations on businesses as on residents with respect to weed maintenance. Wong moved and Mahoney seconded to adopt the resolution. The motion carried unanimously. January 17, 2012 Cupertino City Council Page 5 SECOND READING OF ORDINANCES 16. Subject: Ordinance amending Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) Recommended Action: Conduct second reading and enact Ordinance No. 11-2088: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code to specify the legal authority and implement the requirements in the City's stormwater permit" Cathy Helgerson inquired about what the City does to determine what is waste water and what is storm water. She expressed concern regarding the pollution she says is coming from the Lehigh plant. She also requested that the wells be tested to protect the public from polluted water. Mahoney moved and Wong seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong.Noes: None. Mahoney moved and Wong seconded to enact Ordinance No. 11-2088. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. 17. Subject: Ordinance regarding technical amendments and clarifications to General Plan Land Use Map, Zoning Map, and Heart of the City Specific Plan Recommended Action: Conduct second reading and enact Ordinance Nos. 11-2086 and 11- 2087. Ordinance No. 11-2086: "An Ordinance of the City Council of the City of Cupertino amending the Zoning Map to specify boundaries of the Heart of the City Specific Plan area and to refer to the Heart of the City Specific Plan for the zoning designations"; Ordinance No. 11-2087: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to incorporate technical amendments, including clarifications to the language and moving the land use and zoning designations from the General Plan Land Use Map and Zoning Map into maps into the Heart of the City Specific Plan" Description: Applicant: City of Cupertino; Application No: SPA-2011-01; Location: Citywide; Description: Specific Plan Amendment for clarifications to the Heart of the City Specific Plan Senior Planner Aki Honda Snelling reviewed the staff report. Cathy Helgerson expressed concern regarding Apple's buildings and the emissions coming from them. She stated that she does not believe that Apple is doing "light manufacturing" in the buildings and that the public has a right to know what business is being conducted in these buildings as well as the new proposed campus. She also mentioned that there are some water tanks nearby and that there was nothing mentioned in the EIR about the water tanks. She stated she would rather not have manufacturing businesses so close to residential. Jennifer Griffin said that she feels everyone in the City wants to have the Heart of the City regulations upheld and do everything possible to make sure it's honored along Stevens Creek January 17, 2012 Cupertino City Council Page 6 Boulevard. She expressed concerned that a number of items at the Nov. 15 meeting came up that she felt should have been addressed before conducting a first reading of the ordinance. She said that she didn't feel there was a lot of forethought given to rezoning large pieces of land such as Rosebowl, Mainstreet, and the Apple buildings. She also noted that she is concerned about how the rezoning will affect the widening or narrowing of Vallco Parkway. Kevin Dare, Sandhill Property Company, supported the staff report including Planned Office (OP). Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Wong moved and Mahoney seconded to enact Ordinance No. 11-2086. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Wong moved and Mahoney seconded to enact Ordinance No. 11-2087 with an amendment to include OP (Planned Office) as part of the zoning for the Main Street, Rosebowl, and Four Corners project sites. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. PUBLIC HEARINGS 18. Subject: Rezoning from A1-43 (Agricultural Residential) and R1-10 (Single-Family Residential)to R1-20 (Single Family Residential) of a 0.775-acre lot and its half street Recommended Action: Adopt Negative Declaration (EA-2011-13) and conduct first reading of Ordinance No. 12-2090 approving rezoning (Z-2011-04): "An Ordinance of the Cupertino City Council rezoning a portion of one lot and its fronting half-street of 0.456 acre from Al- 43 (Agricultural Residential) to R1-20 (Single Family Residential) and the remaining portion of the lot and its fronting half-street of 0.319 acre from R1-10 (Single Family Residential) to R1-20 (Single Family Residential) located at 11215 Mount Crest Place, APN 356-26-026" Description: Applications: Z-2011-04, EA-2011-13; Applicant: Daryl Fazekas (Isaac Segal); Location: 11215 Mount Crest Place, APN 356-26-026; Environmental Determination: Negative Declaration; Description: Rezoning application to rezone approximately 0.456 acre from A1-43 (Agricultural Residential) to R1-20 (Single Family Residential) and approximately 0.319 acre from R1-10 (Single Family Residential) to R1-20 (Single Family Residential) Mayor Santoro recused himself since his residence is within 500-feet of the project and left the dais. Senior Planner Colin Jung reviewed the staff report. January 17, 2012 Cupertino City Council Page 7 Wong moved and Sinks seconded to Approve Negative Declaration. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: None. Absent: Santoro. Wong moved and Sinks seconded to Approve Z-2011-04. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: None. Absent: Santoro. The City Clerk read the title of the ordinance. Wong moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Sinks and Wong.Noes: None. Absent: Santoro. ORDINANCES AND ACTION ITEMS 19. Subject: Abatement of a public nuisance (weeds) pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 11-189 Recommended Action: Note objections and adopt Resolution No. 12-006 Acting City Clerk Grace Schmidt reviewed the staff report. Cathy Helgerson expressed concern about confidentiality with the addresses noted on the website. She also stated that she always has to call before any action is taken and requested more information about how weed abatement process works. Moe Kumre from the Santa Clara County Hazardous Vegetation Department explained that the list consists of those who have been in violation in the past few years. Mr. Kumre explained that the properties on the list may have been reported by a neighbor, code enforcement, or County weed abatement personnel while they are looking at another property. He also explained that Lehigh is in an unincorporated area and as such cannot be part of the City's list but they are added to the County's list. Mr. Kumre also noted that there is a one-time fee of$41 to cover creation and maintenance of the list, but it is not charged again. He also stated if a property is maintained for three years, then they will be dropped from the list. Mr. Kumre stated that only substantial weeds on a property between May and October that pose a fire hazard are added to the list. He indicated that small weeds would have to pose a threat to fire safety in order to be added to the list. Wong moved and Chang seconded to adopt Resolution No. 12-006 as presented. The motion carried unanimously. 20. Subject: Ordinance amending the Cupertino Municipal Code Relating to Bicycle Lanes Recommended Action: Conduct first reading of Ordinance No. 12-2091: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes--Designated; Rodrigues Avenue between De Anza Boulevard and Blaney Avenue" January 17, 2012 Cupertino City Council Page 8 Public Works Director Timm Borden and Senior Civil Engineer David Stillman reviewed the staff report. The City Clerk read the title of the ordinance. Mahoney moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Direction was also given to staff to monitor reconfigured lane striping and report back to council in 12 months, and investigate possible additional parking on the south side of Rodrigues west of Torre, leaving the decision up to staff to add or not. Wong offered a friendly amendment to let Council know in weekly notes if parking is not a good idea and to bring back to Council if it is a good idea. Chang did not accept the friendly amendment. Mahoney clarified that the direction to staff is to monitor reconfigured lane striping and report back to Council in 12 months; investigate additional parking on the south side of Rodrigues west of Tone; and staff to let Council know through weekly notes if more parking is warranted. 21. Subject: Analysis of Impediments to Fair Housing Choice (AI) Recommended Action: Adopt Resolution No. 12-007 approving the Analysis of Impediments to Fair Housing Choice (AI) and directing staff to forward the AI to the U.S. Department of Housing and Urban Development (HUD) to be placed on file Senior Planner Vera Gil reviewed the staff report. Wong moved and Mahoney seconded to adopt Resolution No. 12-007 as presented. The motion carried unanimously. 22. Subject: City's surplus property on Greenleaf Drive Recommended Action: Adopt Resolution No. 12-008 authorizing the City Manager to negotiate and execute a contract to sell an abandoned well lot on Greenleaf Drive to the property owners on the adjoining property at 10500 Castine Avenue Public Works Director Timm Borden reviewed the staff report. Cathy Helgerson said she opposed adoption of the resolution. She expressed concern that Garden Gate School is across from this well and stated that she believes the well is polluted. She stated that even after $27,000 was spent to close it there is still pollution coming from the well and that the City tested the well, but hid the records. She urged City Council to test the well before it is sold. Director of Public Works, Timm Borden said he was unaware of earlier testing. He indicated that the well is destroyed and that there is no direct connection now between the well and aquifer. Mahoney moved and Wong seconded to adopt Resolution No. 12-008 as presented. The motion carried with Chang voting no. January 17, 2012 Cupertino City Council Page 9 23. Subject: Authorize City Manager to conduct a Request for Qualification (RFQ) process for tennis services at the Cupertino Sports Center Recommended Action: Staff recommends that the City Council authorize the City Manager to conduct a Request for Qualifications process for the provision of tennis instruction at the Cupertino Sports Center Parks and Recreation Director Mark Linder reviewed the staff report. Wong moved and Mahoney seconded to authorize the City Manager to proceed with the RFQ process. The motion carried unanimously. 24. Subject: Council assignments for local and regional organizations and agencies Recommended Action: Select assignments Santoro reviewed the chart listing Council member committee assignments. Sinks requested a description of what the roles of the Santa Clara County City Association committees are. Wong gave a brief synopsis of the roles of the Selection Committee, Recycling Committee, and Legislative committee. Wong moved and Chang seconded to approve the Council assignments with the following changes: Santa Clara County Cities Association City Selection Committee: Chang as alternate; Cupertino Disaster Council: Sinks as alternate. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Acting City Clerk Grace Schmidt asked Council how they wanted to handle the commission interviews scheduled for Jan. 23 and 24. Council concurred to do one night of interviews on Monday, January 23 beginning at 5:30 p.m. Chang discussed the possibility of testing the well and finding past records of previous tests. Discussion followed regarding whether checking for a previous test from 20 years ago was relevant today. Discussion also took place regarding new EPA rules. Sinks noted that 2012 is an important year because the Bay Area Air Quality Management District (BAAQMD) will be interpreting these new EPA rules and how Lehigh and other businesses will have to comply. Sinks would like the city to weigh in on the proposed regulations and will provide a copy of the proposed changes to the city manager to distribute to the entire council. Council concurred to agendize an item at a future Council meeting to consider writing a letter to the BAAQMD regarding new levels of emissions. Council members highlighted the activities of their committees and various community events. January 17, 2012 Cupertino City Council Page 10 ADJOURNMENT At 9:50 p.m., the meeting was adjourned to Monday, January 23, 5:30 p.m., to conduct commission interviews. The meeting will be held in Conference Room A, 10300 Torre Avenue, Cupertino. --Vil.4.----cCit.1/11-1— Grace Schmidt, Acting City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.